By Alvarado                                      H.B. No. 438
      75R3424 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the implementation of a controlled substances testing
 1-3     program to be administered to inmates housed in facilities operated
 1-4     by or under contract with the Texas Department of Criminal Justice.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 500, Government Code, is amended by
 1-7     adding Section 500.007 to read as follows:
 1-8           Sec. 500.007.  TESTING FOR CONTROLLED SUBSTANCES.  (a)  The
 1-9     board after consultation with the Criminal Justice Policy Council
1-10     by rule shall  implement a program to randomly test, for the
1-11     purpose of determining the presence of controlled substances, the
1-12     breath, blood, or other bodily substances of inmates housed in
1-13     facilities operated by or under contract with the department.
1-14           (b)  The department annually shall test not less than five
1-15     percent of the inmates housed in facilities operated by or under
1-16     contract with the department.
1-17           (c)  The department shall use the most cost-effective means
1-18     possible to perform the tests required by this section, and shall
1-19     actively seek grants from the federal government or other sources
1-20     to expand the program created under this section.
1-21           SECTION 2.  The Texas Board of Criminal Justice shall
1-22     implement the program required by Section 500.007, Government Code,
1-23     as added by this Act,  not later than January 1, 1998, and shall
1-24     begin testing of inmates for the presence of controlled substances
 2-1     not later than that date.              
 2-2           SECTION 3.  This Act takes effect September 1, 1997.
 2-3           SECTION 4.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.
 2-8           
 2-9